Chapter 5.08
PEDDLERS AND HAWKERS
Sections:
5.08.040 License – Granting – Procedure.
5.08.060 License – Revocation.
5.08.080 License – Producing for inspection.
5.08.010 Definitions.
A. Peddler. Any person, either as principal or agent, who carries goods, wares and merchandise, articles, things, or personal property of whatsoever name, nature or description, for sale, from house to house, place to place, or upon any street, highway or public place within the town is defined to be a peddler within the meaning of this chapter. Any person who goes from house to house, dwelling place to dwelling place, or upon any street, highway or public place within the town, soliciting or taking orders for the purchase or sale of goods, wares or merchandise, articles, things, or personal property of whatsoever name, nature or description, to be delivered in the future, is also defined to be a peddler within the meaning of this chapter.
B. Hawker. Every person, either as principal or agent, selling or offering for sale any goods, wares or merchandise, articles, things, or personal property of whatsoever name, nature or description, by peddling the same from house to house or upon any street, highway or public place, who makes public outcry or gives any musical or other public announcement or makes any public speech to draw customers or attract notice is defined to be a hawker within the meaning of this chapter. (Ord. 75-4 §§ 1, 2, 1975).
5.08.020 License – Required.
It is unlawful for any person to hawk or peddle any article or thing of value, or goods or merchandise, or to engage in the business of hawking or peddling within the town, as defined in EMC 5.08.010, without first having obtained a license therefor in the manner prescribed in this chapter; provided, however, that nothing in this chapter shall apply to peddlers of agricultural, horticultural or farm or dairy products which they may grow or raise, nor shall the provisions of this chapter apply to peddlers or hawkers who, upon petition to the town council, are found to be engaged in religious, charitable, scientific, educational, artistic, literary, or any other civic undertaking which has been approved by the town council as exempt from the provisions of this chapter. (Ord. 75-4 § 3, 1975).
5.08.030 License – Fees.
A. Peddler. The license fee to be paid by any person desiring to engage in the business of a peddler, as defined in EMC 5.08.010, shall be the sum of $20.00 per day; or, if the license sought to be procured is to engage in the business of peddler for the period of one month, the license fee shall be the sum of $50.00 per month; or, if the license sought to be procured is to engage in the business of peddler for the period of one year, the license fee shall be the sum of $150.00 per year. All annual licenses shall expire at the end of the calendar year.
B. Hawker. The license fee to be paid by any person desiring to engage in the business of hawker, as defined in EMC 5.08.010, shall be the sum of $20.00 per day; or, if the license sought to be procured to engage in the business of hawker is for the period of one month, the license fee shall be the sum of $50.00 per month; or, if the license sought to be procured to engage in the business of hawker is for the period of one year, the license fee shall be the sum of $150.00 per year. All annual licenses granted for hawkers shall expire at the end of each calendar year.
C. Hawker of Dairy Products. A hawker that sells primarily dairy and ice cream products shall pay the sum of $25.00 for an annual license. (Ord. 91-10 § 1, 1991; Ord. 75-4 §§ 4, 5, 1975).
5.08.040 License – Granting – Procedure.
A. Peddler. Any person desiring to engage in the business of peddler, as defined in EMC 5.08.010, within the town shall make payment therefor in advance to the town clerk at the rates specified in EMC 5.08.030. The clerk’s receipt therefor shall operate as a license for the time specified in the license.
B. Hawker. Any person desiring to engage in the business of hawker, as defined in EMC 5.08.010, within the town shall make payment therefor in advance to the town clerk at the rates specified in EMC 5.08.030. The clerk’s receipt therefor shall operate as a license for the time specified in the license. (Ord. 75-4 §§ 6, 7, 1975).
5.08.050 License – Issuance.
The town clerk shall issue licenses to applicants for peddler’s licenses and hawker’s licenses upon proper application and tender of proper fees for such licenses. (Ord. 78-8 § 9, 1978; Ord. 75-4 § 8, 1975).
5.08.060 License – Revocation.
The license issued under this chapter is subject to revocation by the council if the licensee, its employees or agents engage in illegal activities in the conduct of its business, or engage in activities which are dangerous to the health, safety and welfare of the citizens of the town. Such revocation shall be made after the licensee has been given written notice of a hearing to be held by the council at least 10 days prior to the hearing date. (Ord. 78-8 § 10, 1978; Ord. 75-4 § 9, 1975).
5.08.070 Exceptions.
This chapter shall not apply to solicitors or hawkers engaged in interstate commerce. (Ord. 78-8 § 11, 1978; Ord. 75-4 § 10, 1975).
5.08.080 License – Producing for inspection.
All persons obtaining receipts for licenses from the town clerk shall upon demand being made upon them by any police officer, produce the same for inspection. (Ord. 75-4 § 11, 1975).